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What is the EB-5 priority date?

What does it mean when an EB-5 investor receives a "priority date?" What is the priority date used for?

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    Julia Roussinova

    Immigration Attorney
    Answered on

    It is the date your I-526 is received by USCIS. It establishes a place in line for an immigrant visa number to either consular process or adjust status in the United States upon approval of the I-526 petition. It does not have much significance for most nationalities except Chinese nationals due to the immigrant visa backlog at this time.

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    Salvatore Picataggio

    Immigration Attorney
    Answered on

    That is the date the I-526 petition is filed. This date later determines when a visa is available for you (which, for now, is only relevant to Chinese investors). This date is also relevant for children of the investor, who need to be under 21 years of age as of that date.

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    John J Downey

    Immigration Attorney
    Answered on

    It is simply where you are in the line. When your application is received, that priority date is where your position is. When you are accepted, you have another date. This allows you to track the timeline as to when you may receive notice to appear for your interview, etc.

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    Raymond Lahoud

    Immigration Attorney
    Answered on

    The priority date is the applicant's place in line of "visa numbers." Simply put, your eligibility (your time to move forward) would be pending, until your priority date is "current." The United States Department of State issues monthly visa bulletins that contain current priority dates.

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    Fredrick W Voigtmann

    Immigration Attorney
    Answered on

    A priority date is the date the I-526 petition is filed. It is used to establish your place in line for an immigrant visa number.

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    Xiao Wang

    Immigration Attorney
    Answered on

    The EB-5 priority date is the date that USCIS received your EB-5 petition. It will be used to decide when you can file the I-485, adjust status, or when the green card will be issued. Since now the EB-5 retrogression only applies to Mainland China-born petitioners, this priority date only matters to them.

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    Vaughan de Kirby

    Immigration Attorney
    Answered on

    Your priority date is the date your I-526 is filed with USCIS. It is of particular importance to individuals from the People's Republic of China, as it will determine when their immigrant visa will be current and available.

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    Jinhee Wilde

    Immigration Attorney
    Answered on

    The priority date determines when you can go through the final immigrant visa or adjustment of status process after getting your immigrant petition, I-526. The priority date is actually the date that the I-526 was accepted for filing and it is confirmed only when that petition is approved.

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    Bernard P Wolfsdorf

    Immigration Attorney
    Answered on

    For Chinese applicants this is now critical. It's the principal applicant's place in the waiting line and it's the day the I-526 is filed, unless you have an earlier approved employment immigrant petition, such as an EB-3, in which case you can usually transfer the earlier priority date.

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    Lynne Feldman

    Immigration Attorney
    Answered on

    The priority date is the date your I-526 was first filed at USCIS. There are only 10,000 EB-5 green cards available in a year and only 7 percent can go to any one country. In the past, this has not been a problem, but last year they ran out of current numbers for persons born in PR China. This means the visas are allocated based on the oldest priority date. The State Department keeps track of this in the visa bulletin issued each month where they will show what priority date they are working on for each country.

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    Ally Bolour

    Immigration Attorney
    Answered on

    To figure out when an immigrant visa would be available.

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